A Co-worker is Served With a Restraining Order On Site: What’s Your Next Move?
The deejays had to hide for their lives. In light of Orlando and other invasions of what are supposed to be safe places, it is worth recalling that employers have a legal obligation to provide workers with a healthy and safe workplace. What, then, should employers do to prevent or mitigate workplace violence?
For employers, prevention may begin with identifying potentially violent persons. The Occupational Safety and Health Administration (OSHA) provides guidelines for employers to prevent and reduce workplace violence. Among the red flags OSHA guidelines identify is a worker served onsite with a domestic violence restraining order.
In February, a tragic incident in Newton, Kansas led a man on a deadly shooting spree shortly after he was served a restraining order at his workplace, Excel Industries. Three people were killed in the gunfire before police officers shot and killed the gunman.
According to police reports, Cedric Ford, 38, had just been served a restraining order by a former girlfriend whom he had allegedly abused. According to OSHA, this profile is precisely what employers should be looking for when assessing the likelihood of workplace violence.
In addition to restraining order recipients, other red flags include:
• Drug and alcohol use;
• Previous convictions or history of violence;
• Severe pain, illness or poor prognosis;
• Association with a gang;
• Complaints or disgruntled behavior;
An employee who engages in violent behavior will often threaten violence before acting on it. Experts on violent behavior suggest that threats should always be taken seriously and at face value, rather than dismissed or minimized.
The majority of violent incidents at work occur in heath care settings. It may follow that pain and inappropriate medication may contribute to incidents of violence. Additional risk factors to be aware of include isolated work spaces or working in patient’s homes, prevalence of knives, guns or other available weapons, working in high-crime neighborhoods, being in poorly lit areas and inadequate security.
In addition to being highly aware of the violent history of employees, OSHA guidelines suggest all places of employment have an organized and widely-circulated evacuation plan. If a worker is served a restraining order and has a history of violent behavior, workers should be alerted and execute the evacuation plan if there is any perceived threat.
The world of workplace relationships and procedures can be complicated, even overwhelming. We represent the workers. If you or someone you know may have a crisis or concern about workplace rights, discrimination, retaliation, harassment, discipline, hostile work environment, whistle-blowing, or any related topics, please contact the law firm that provides compassionate counsel and tough advocacy. We will bring you in for a reduced fee initial consultation to discuss the facts, advise you on the law, and help you create the best pathway to reach your realistic goals. Call us today or contact us online. You will be glad you did.